Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health

Rights and Intended Situations

The mandate of the Special Rapporteur, created in 2002, focuses “on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, as reflected in Article 25, paragraph 1, of the Universal Declaration of Human Rights, Article 12 of the International Covenant on Economic, Social and Cultural Rights, Article 24 of the Convention on the Rights of the Child and Article 12 of the Convention on the Elimination of All Forms of Discrimination against Women, as well as on the right to non-discrimination as reflected in Article 5 (e) (iv) of the International Convention on the Elimination of All Forms of Racial Discrimination” (Commission on Human Rights Resolution 2002/31).

Article 25 of the Universal Declaration on Human Rights:

Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

Implementation of the Procedure

Filing a Complaint

The complaint must at least contain the following information:

Identity of the person(s) or organization(s) submitting the inquiry;

Full name, age, sex and place of residence or origin of the supposed victim;

Indication of as many details as possible (name, age, sex and place of residence or origin) if it refers to a group or community;

Date and place of the incident (approximately, if the exact date is unknown)

Detailed description of the circumstances of the incident under which the presumed violation took place;

Identity of the suspect(s) (name if known, title/position, presumed motivation);

As the case may be, measures taken at the national level (for example, if the police had been informed, in case that other national authorities are involved, as well as a possible position of the government);

As the case may be, measures taken at the international level (for example, if other mechanisms have been called up)

Information and complaints can be submitted (specifying the pertinent special procedure) to:

Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Healthc/o Office of the High Commissioner for Human RightsUnited Nations Office at Geneva1211 Geneva 10SwitzerlandFax: +41 22 917 9003E-mail: urgent-action(at)ohchr.org

Consequences of the Complaint

Once the Special Rapporteur received credible information concerning restrictions on the right to the enjoyment of the highest attainable standard of physical and mental health, he can address a communication, generally in form of a letter submitted by the High Commissioner for Human Rights, to the government concerned asking it to give information concerning the allegation and to take preventive measures or to initiate an investigation. The communications can deal with cases of individuals, groups or communities, the general trends and development of human rights violations in certain countries as well as draft law or law in force subjected to apprehension. The communications are generally made in form of “urgent appeals” or “letters of allegation”. When there are multiple mandates for one case, the Special Rapporteur can submit joint communications.

“Urgent appeals” are used to provide information concerning current or imminent violations. They are submitted to inform the competent authorities as quickly as possible so that these can intervene to stop the human rights violation or to prevent it.

“Letters of allegation” are used to provide information concerning violations which have already taken place and which have had irreversible consequences for the supposed victim. This type of communication is used, for example, when the Special Rapporteur receives information on violations which have already been committed.

With both types of communication, the Special Rapporteur asks the concerned government to take all appropriate measures to investigate and remedy the alleged violations and to submit the results of its intervention. According to the response, the Special Rapporteur can decide to pursue the investigation or to give recommendations.